Today, most Americans lack constitutional rights on the job. Instead of enjoying free speech or privacy, they can be fired for almost any reason or no reason at all. This book uses history to explain why. It takes readers back to the 1930s and 1940s when advocates across the political spectrum - labor leaders, civil rights advocates and conservatives opposed to government regulation - set out to enshrine constitutional rights in the workplace. The book tells their interlocking stories of fighting for constitutional protections for American workers, recovers their surprising successes, explains their ultimate failure, and helps readers assess this outcome.
Class and Power in the New Deal provides a new perspective on the origins and implementation of the three most important policies that emerged during the New Deal—the Agricultural Adjustment Act, the National Labor Relations Act, and the Social Security Act. It reveals how Northern corporate moderates, representing some of the largest fortunes and biggest companies of that era, proposed all three major initiatives and explores why there were no viable alternatives put forward by the opposition. More generally, this book analyzes the seeming paradox of policy support and political opposition. The authors seek to demonstrate the superiority of class dominance theory over other perspectives—historical institutionalism, Marxism, and protest-disruption theory—in explaining the origins and development of these three policy initiatives. Domhoff and Webber draw on extensive new archival research to develop a fresh interpretation of this seminal period of American government and social policy development.
A bold call to reclaim an American tradition that argues the Constitution imposes a duty on government to fight oligarchy and ensure broadly shared wealth. Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the Òrepublican form of governmentÓ the Constitution requires. Today, courts enforce the Constitution as if it has almost nothing to say about this threat. But as Joseph Fishkin and William Forbath show in this revolutionary retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought. Fishkin and Forbath demonstrate that reformers, legislators, and even judges working in this Òdemocracy of opportunityÓ tradition understood that the Constitution imposes a duty on legislatures to thwart oligarchy and promote a broad distribution of wealth and political power. These ideas led Jacksonians to fight special economic privileges for the few, Populists to try to break up monopoly power, and Progressives to fight for the constitutional right to form a union. During Reconstruction, Radical Republicans argued in this tradition that racial equality required breaking up the oligarchy of slave power and distributing wealth and opportunity to former slaves and their descendants. President Franklin Roosevelt and the New Dealers built their politics around this tradition, winning the fight against the Òeconomic royalistsÓ and Òindustrial despots.Ó But today, as we enter a new Gilded Age, this tradition in progressive American economic and political thought lies dormant. The Anti-Oligarchy Constitution begins the work of recovering it and exploring its profound implications for our deeply unequal society and badly damaged democracy.
This book provides a long-overdue account of online technology and its impact on the work and lifestyles of professional employees. It moves between the offices and homes of workers in the knew "knowledge" economy to provide intimate insight into the personal, family, and wider social tensions emerging in today’s rapidly changing work environment. Drawing on her extensive research, Gregg shows that new media technologies encourage and exacerbate an older tendency among salaried professionals to put work at the heart of daily concerns, often at the expense of other sources of intimacy and fulfillment. New media technologies from mobile phones to laptops and tablet computers, have been marketed as devices that give us the freedom to work where we want, when we want, but little attention has been paid to the consequences of this shift, which has seen work move out of the office and into cafés, trains, living rooms, dining rooms, and bedrooms. This professional "presence bleed" leads to work concerns impinging on the personal lives of employees in new and unforseen ways. This groundbreaking book explores how aspiring and established professionals each try to cope with the unprecedented intimacy of technologically-mediated work, and how its seductions seem poised to triumph over the few remaining relationships that may stand in its way.
Ever since introducing the concept in the late 1980s, historians have been debating the origins, nature, scope, and limitations of the New Deal order—the combination of ideas, electoral and governing strategies, redistributive social policies, and full employment economics that became the standard-bearer for political liberalism in the wake of the Great Depression and commanded Democratic majorities for decades. In the decline and break-up of the New Deal coalition historians found keys to understanding the transformations that, by the late twentieth century, were shifting American politics to the right. In Beyond the New Deal Order, contributors bring fresh perspective to the historic meaning and significance of New Deal liberalism while identifying the elements of a distinctively "neoliberal" politics that emerged in its wake. Part I offers contemporary interpretations of the New Deal with essays that focus on its approach to economic security and inequality, its view of participatory governance, and its impact on the Republican party as well as Congressional politics. Part II features essays that examine how intersectional inequities of class, race, and gender were embedded in New Deal labor law, labor standards, and economic policy and brought demands for employment, economic justice, and collective bargaining protections to the forefront of civil rights and social movement agendas throughout the postwar decades. Part III considers the precepts and defining narratives of a "post" New Deal political structure, while the closing essay contemplates the extent to which we may now be witnessing the end of a neoliberal system anchored in free-market ideology, neo-Victorian moral aspirations, and post-Communist global politics. Contributors: Eileen Boris, Angus Burgin, Gary Gerstle, Romain Huret, Meg Jacobs, Michael Kazin, Sophia Lee, Nelson Lichtenstein, Joe McCartin, Alice O'Connor, Paul Sabin, Reuel Schiller, Kit Smemo, David Stein, Jean-Christian Vinel, Julian Zelizer.
Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked [and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances. The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.
Tracking the movement of finance capital toward far-flung investment frontiers, Noam Maggor reconceives the emergence of modern capitalism in the United States. Brahmin Capitalism reveals the decisive role of established wealth in the transformation of the American economy in the decades after the Civil War, leading the way to the nationally integrated corporate capitalism of the twentieth century. Maggor’s provocative history of the Gilded Age explores how the moneyed elite in Boston—the quintessential East Coast establishment—leveraged their wealth to forge transcontinental networks of commodities, labor, and transportation. With the decline of cotton-based textile manufacturing in New England and the abolition of slavery, these gentleman bankers traveled far and wide in search of new business opportunities and found them in the mines, railroads, and industries of the Great West. Their investments spawned new political and social conflict, in both the urbanizing East and the expanding West. In contests that had lasting implications for wealth, government, and inequality, financial power collided with more democratic visions of economic progress. Rather than being driven inexorably by technologies like the railroad and telegraph, the new capitalist geography was a grand and highly contentious undertaking, Maggor shows, one that proved pivotal for the rise of the United States as the world’s leading industrial nation.
New York Times Bestseller • Notable Book of the Year • Editors' Choice Selection One of Bill Gates’ “Amazing Books” of the Year One of Publishers Weekly’s 10 Best Books of the Year Longlisted for the National Book Award for Nonfiction An NPR Best Book of the Year Winner of the Hillman Prize for Nonfiction Gold Winner • California Book Award (Nonfiction) Finalist • Los Angeles Times Book Prize (History) Finalist • Brooklyn Public Library Literary Prize This “powerful and disturbing history” exposes how American governments deliberately imposed racial segregation on metropolitan areas nationwide (New York Times Book Review). Widely heralded as a “masterful” (Washington Post) and “essential” (Slate) history of the modern American metropolis, Richard Rothstein’s The Color of Law offers “the most forceful argument ever published on how federal, state, and local governments gave rise to and reinforced neighborhood segregation” (William Julius Wilson). Exploding the myth of de facto segregation arising from private prejudice or the unintended consequences of economic forces, Rothstein describes how the American government systematically imposed residential segregation: with undisguised racial zoning; public housing that purposefully segregated previously mixed communities; subsidies for builders to create whites-only suburbs; tax exemptions for institutions that enforced segregation; and support for violent resistance to African Americans in white neighborhoods. A groundbreaking, “virtually indispensable” study that has already transformed our understanding of twentieth-century urban history (Chicago Daily Observer), The Color of Law forces us to face the obligation to remedy our unconstitutional past.
Making, amending, and interpreting constitutions is a political game that can yield widespread suffering or secure a nation's liberty and prosperity. Given these high stakes, Robert Cooter argues that constitutional theory should trouble itself less with literary analysis and arguments over founders' intentions and focus much more on the real-world consequences of various constitutional provisions and choices. Pooling the best available theories from economics and political science, particularly those developed from game theory, Cooter's economic analysis of constitutions fundamentally recasts a field of growing interest and dramatic international importance. By uncovering the constitutional incentives that influence citizens, politicians, administrators, and judges, Cooter exposes fault lines in alternative forms of democracy: unitary versus federal states, deep administration versus many elections, parliamentary versus presidential systems, unicameral versus bicameral legislatures, common versus civil law, and liberty versus equality rights. Cooter applies an efficiency test to these alternatives, asking how far they satisfy the preferences of citizens for laws and public goods. To answer Cooter contrasts two types of democracy, which he defines as competitive government. The center of the political spectrum defeats the extremes in "median democracy," whereas representatives of all the citizens bargain over laws and public goods in "bargain democracy." Bargaining can realize all the gains from political trades, or bargaining can collapse into an unstable contest of redistribution. States plagued by instability and contests over redistribution should move towards median democracy by increasing transaction costs and reducing the power of the extremes. Specifically, promoting median versus bargain democracy involves promoting winner-take-all elections versus proportional representation, two parties versus multiple parties, referenda versus representative democracy, and special governments versus comprehensive governments. This innovative theory will have ramifications felt across national and disciplinary borders, and will be debated by a large audience, including the growing pool of economists interested in how law and politics shape economic policy, political scientists using game theory or specializing in constitutional law, and academic lawyers. The approach will also garner attention from students of political science, law, and economics, as well as policy makers working in and with new democracies where constitutions are being written and refined.
